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Dual power structure: Discordant political notes leave trails of confusion 

A cursory glance and one will be able to sort out obvious dissonance emanating out of them.
12:19 AM Dec 08, 2024 IST | SHUCHISMITA
dual power structure  discordant political notes leave trails of confusion 
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Jammu, Dec 7: “There is no tussle between LG administration and government....it is being raked up by those who want to create a discord between two offices...so far no major problem has occurred...”

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“...We don’t want a dual power system here. ...We hope soon J&K’s statehood is restored so that there remains only one power centre to redress people’s problems immediately....which is done by elected government and not nominated persons....”

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“...We hope that the LG administration and officers presently in place bear this in mind that sooner or later, statehood will be restored. Therefore they (officers) should listen to the elected people and follow their directions...”

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“...We need to understand that presently J&K is a UT...”

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“...Pondicherry model is a misnomer started by propagandists....”

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“...Statehood based on the Pondicherry model is planted news...”

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“...Who says we don’t have power....we have full power to act...”

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“Powers have still not been defined.... This will be followed by a formal order classifying – what is the domain of LG Sahib and what is the domain of the honourable Chief Minister and his ministers?...”

“...We will declare a holiday on the birth anniversary of Sher-e-Kashmir Sheikh Abdullah....it does not involve financial implications...why should one object to it...”

“....file related to the holiday on the birth anniversary of Sher-e-Kashmir has been sent to the LG Office...”

List of similar statements may go on.

A cursory glance and one will be able to sort out obvious dissonance emanating out of them.

One will, however, be baffled or rather amused to note that they are emanating from a single source.

Here this cacophony is generated in the political corridors by the National Conference, though not by all yet definitely by few. (For the time being, the alliance partner is not being discussed).

As far as top leadership of NC is concerned, mainly the Chief Minister and his Political Advisor and a few seasoned leaders, they remain extra cautious and restrained in their expressions.

In particular, the Chief Minister Omar Abdullah, his words are measured and expressions amiable, leaving no scope for acrimony, which in any case is ill-affordable, in the changed scenario.

But still his harmonious notes are punctured by discordant notes (of few) within the party, off and on. In the recent past, this trend has been witnessed on many issues viz., Business Rules...Confusion in administrative and government set up...dual power...holiday on December 5 to mark Sher-e-Kashmir’s birth anniversary etc.

They (discordant notes) are mainly by-product of either lack of knowledge vis-a-vis changed political-scape in J&K as UT and rules governing it or irresistible urge to play to the gallery, without comprehending grave realities or references to the context. To be fair, even the media is not above the board and it too contributes at times to add to the cacophony.

TO UNDERSTAND THE CONTEXT, SAMPLE THESE CASES:

Days ago, a veteran journalist on ‘X’ posted, “Pondicherry model is a misnomer started by propagandists. Puducherry, like Delhi, is a Union Territory with a legislature – not a STATE. Unlike Puducherry, J&K was a powerful state, with distinct Constitutional history and was promised restoration of statehood after elections.”

Post, seemingly, was based on a byte of MLA Zadibal and Chief Spokesperson National Conference Tanvir Sadiq posted by party’s official ‘X’ handle on December 3, 2024.

“Statehood based on the Pondicherry model is a planted news: we are talking about full-fledged statehood, which existed before August 5, 2019.” MLA Zadibal and Chief Spokesperson JKNC @tanvirsadiq.” – read the post of JKNC on its official ‘X’ handle.

Post was accompanied by a news byte of Sadiq, speaking to the media, seemingly responding to questions about application of “Pondicherry (Puducherry) model” in J&K.

“....some people, for no rhyme or reason, are creating chaos and confusion. Some people are planting news. One person is saying something, the other is doing something else...We have just one issue, which has been passed by the state cabinet and that is restoration of full statehood, which we were having before 2019. We are demanding that and this is an elected government, elected by people and that too with majority. I believe that people sitting in Delhi; our rulers in Delhi should respect the mandate of the people and restore our statehood at the earliest, during this (ongoing) parliament session only. Rest of all things...this confusion should be totally stopped,” Sadiq had stated.

In response to another question in the same video as to whether talks were being held (by government) regarding statehood, he stated, “See, the stage of talks is over, now there is stage of implementation. Central government means the honourable Prime Minister and the honourable Home Minister have promised openly to the people of J&K to restore statehood to J&K. Besides that there is a clear order of the Supreme Court that J&K’s statehood should be restored as early as possible. So where is the problem?”

“The elected government has passed a resolution in the cabinet. So I don’t think there will be delay on this account (restoration of statehood) because the longer it is delayed, people’s works are getting hampered and their problems are getting compounded. The most beautiful thing about this country is its democracy. If you are weakening it then it is unfortunate,” Sadiq asserted.

Rest everything was alright yet an irksome portion was related to his statement and observation on “Pondicherry model” which was actually focussed in the party post also (reaffirmed by veteran journalist’s post also).

Few days back, Greater Kashmir did few stories discussing present status of J&K; confusion on account of dual power structure, being discussed by political parties (NC itself) and many other media outlets as well; kind of uncertainty in administrative circles on this count and ongoing process of framing of Business Rules congruent to (J&K’s) UT status (to remove this state of confusion in grey areas where they don’t exist or where some presumed overlapping is there) till its statehood is not restored and “Pondicherry (Puducherry) Business Rules,” which act as model (officially) for J&K’s Business Rules.

To set the record straight - no name was mentioned (in NC posts) while making references viz., “Pondicherry model a misnomer started by propagandists...”; “Statehood based on the Pondicherry model is a planted news” and “....some people, for no rhyme or reason, are creating chaos and confusion. Some people are planting news....” – all statements attributed to NC’s Chief Spokesperson.

However, as Greater Kashmir had done stories on this count (probably others too would have done), it became imperative to respond to oblique innuendos, which flew thick and fast, questioning integrity of those who filed stories.

First thing first – Greater Kashmir stories had talked about ‘Business Rules’ being framed for J&K or already in place since 2020, modelled after “Puducherry rules”. Premise of stories was based on existing rules governing J&K as Union Territory.

They (stories) did not talk about scenario post restoration of statehood.

Secondly – How can the “Pondicherry” model be described as “a misnomer started by propagandists” and stories based on that “planted news”?

For all those who have any kind of illusion on this account, revision of J&K Reorganisation Act, 2019 is mandatory.

Under Rules specifically mentioning about the “Lieutenant Governor and The Legislative Assembly of Union Territory of Jammu and Kashmir”, Rule 13 of the Act talks about “Applicability of article 239 A of Constitution” and it reads: “On and from the appointed day, the provisions contained in article 239A, which are applicable to “Union Territory of Puducherry”, shall also apply to the “Union Territory of Jammu and Kashmir”.”

A glance at the rule and one keeps wondering – who is hurting whose credibility (or questioning integrity)?

Interestingly, on December 5, National Conference Provincial President, Kashmir Showkat Ahmad Mir, while responding to media queries, admitted that there was a situation of confusion in the absence of Business Rules in certain areas where the powers of Chief Minister and his ministers were not clear.

While answering queries about the holiday on the birth anniversary of Sher-e-Kashmir, he stated, “Following August 5, 2019, they (Centre) took several such decisions which were not in the interest of people and were against the sentiments of people. They cancelled December 5 holiday, marking the birth-anniversary of Sheikh Sahib besides also cancelled Youm-e-Shoura holiday, which marks sacrifice of martyrs who laid down their lives for the cause of people of J&K. Everyone knows that.”

“Recently we have taken over the reins of government. It is still a UT. Powers have still not been defined. In the Secretariat, a committee has been formed for reviewing Business Rules. After that they will go to the Home Ministry (for vetting). This will be followed by a formal order classifying – what is the domain of LG Sahib and what is the domain of the honourable Chief Minister and his ministers? God willing, soon statehood will be restored. The government is aware of all these circumstances and will take a call at an appropriate time.”

Same day in Jammu, the Deputy Chief Minister too spoke to the media, on this (holiday) account and also on distribution of power.

“Yes, holiday would be declared, you just have patience for some time. Why would it not be declared? This holiday would not mark an ordinary day but the birth anniversary of Sher-e-Kashmir, who gave us this state of Jammu and Kashmir; our leader, who envisioned it and built it (J&K). Why should the holiday be not there to mark the birth anniversary of such a political stalwart? Just tell me, what financial implication will it bring (on state exchequer)? Why should anyone object to it?” he asked.

Does he not think that the distribution of power should be clear, when asked this, Choudhary asked, “Where is the confusion about distribution of power?” “Everything is clear. Who says we don’t have power (to act)? If anyone has doubts, they should see it (our action). These two or three employees have been suspended to prove that we have ample power to act,” he said.

In Srinagar, on December 5, however, it was the Chief Minister and his Political Advisor, who aptly responded to this issue, in a subtle manner.

“The Council of Ministers has formally submitted a proposal to Lieutenant Governor Manoj Sinha to reinstate December 5 as a public holiday in commemoration of the late Sheikh Muhammad Abdullah’s anniversary...Hope the holiday will be restored in time for next year...” was the response of Nasir Aslam Wani, CM’s Political Advisor.

While the Chief Minister reflected on this issue in a profound manner as he said, “There are many other dates as well but we have to fight a bigger contest. We have to fight for the restoration of J&K’s statehood.”

On December 7, NC’s Chief Spokesperson Tanvir Sadiq denied any tussle between two august offices yet a close scrutiny of it (statement) keeps one wondering – if he is clearing the air or he is hinting at the irritants.

“We need to understand that as on date, J&K is a Union Territory. At the same time, there is an elected government in place, at present. As far as tussle is concerned, it (issue) is being brought up by those people who want to create some kind of problem somehow between the LG administration and the government, by any means. We believe so far no major problem has occurred and we hope that no such problem occurs,” Sadiq said, responding to queries about the latest controversy.

“As far as the government and LG administration is concerned, as NC’s Chief Spokesperson, I’m telling you that there is no tussle. If there is some internal issue within the government, it will soon be resolved. We don’t want a dual power system here. Everything has been going on in a positive direction since this government has come into power. We hope soon J&K’s statehood is restored so that there remains only one power centre to redress people’s problems immediately....which is done by elected government and not nominated persons,” Sadiq said.

“We hope that the LG administration and officers presently in place bear this in mind that sooner or later, statehood will be restored. Therefore they (officers) should listen to the elected people and follow their directions,” he added.

In any case, this came a day after the Chief Minister Omar Abdullah, fully comprehending the grave consequences of ongoing cacophony, for his newly formed government, reportedly, asked his party leaders to “maintain calm till statehood is restored and not to take any step which will lead to confrontation between his Government and LG administration and cause delay in the restoration of Statehood.”

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